S T A T E O F N E W Y O R K
________________________________________________________________________
10490--A
I N A S S E M B L Y
April 2, 2010
___________
Introduced by M. of A. ENGLEBRIGHT, SWEENEY, MENG, DINOWITZ, SKARTADOS,
LIFTON, COLTON, GOTTFRIED, ROSENTHAL, CHRISTENSEN, GUNTHER, TITONE,
CASTRO, MILLMAN, CRESPO, GLICK, M. MILLER, BARRON, JAFFEE, MARKEY,
JACOBS, FIELDS, BRENNAN, MAGNARELLI, SCHIMEL, HYER-SPENCER, KAVANAGH,
CYMBROWITZ, WRIGHT -- Multi-Sponsored by -- M. of A. BALL, BING,
CASTELLI, LENTOL, MAGEE, NOLAN, O'DONNELL, PHEFFER, SCARBOROUGH,
THIELE, WEISENBERG -- read once and referred to the Committee on Envi-
ronmental Conservation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to establish a moratorium upon conducting hydraulic fracturing
pending the issuance of a report thereon by the federal Environmental
Protection Agency; and providing for the repeal of such provisions
upon the expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. (a) Notwithstanding any provision of law to the contrary,
there is hereby established a moratorium upon the issuance of new
permits for horizontal drilling which utilizes the practice of hydraulic
fracturing in the state. The purpose of such moratorium shall be to
afford the state and its residents the opportunity to review a report to
be issued by the federal Environmental Protection Agency on the effects
of hydraulic fracturing on water quality and public health.
(b) For the purposes of this section, "hydraulic fracturing" shall
mean fracturing of rock by man-made fluid-driven fracturing techniques
for the purpose of stimulating natural gas or oil well production.
(c) For the purposes of this section, "horizontal drilling" shall mean
a technique whereby a vertical wellbore is turned up to ninety degrees
and drills in a generally horizontal direction for the purpose of stimu-
lating natural gas or oil well production.
(d) This section shall not apply to permits issued prior to the effec-
tive date of this act for horizontal drilling operations which utilize
hydraulic fracturing that are subject to renewal.
S 2. This act shall take effect immediately, and shall expire and be
deemed repealed on the one hundred twentieth day after the federal Envi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16567-04-0
A. 10490--A 2
ronmental Protection Agency issues a report on the effects of hydraulic
fracturing on water quality and public health. Provided, that the
commissioner of environmental conservation shall notify the legislative
bill drafting commission upon the issuance by the federal Environmental
Protection Agency of the report on the effects of hydraulic fracturing
on water quality and public health referred to in subdivision (a) of
section one of this act in order that such commission may maintain an
accurate and timely effective data base of the official text of the laws
of the state of New York in furtherance of effectuating the provisions
of section 44 of the legislative law and section 70-b of the public
officers law.